Introduction
This document presents a summary update to the ANCR WG and Consent Receipt community on of some of key issues and solutions that address them since MVCR v0.8 (when spec was frozen) for review by ANCR WG.
The Original Use Case – To replace/ advance the Online opt-in's to terms and condition based US contract based privacy model) with a privacy agreement model that organizations opt into instead.
This model has had a tremendous amount of interfernece from surveillance capitalism based systems and has requied the development of international standards and enforceable privacy law.
and consent in many jurisdictions as it is a contract of adhesion based on contract terms and conditions, with privacy considerations inherent to the Terms and conditions and service contract, not respective of privacy regulations that implement rights or local context of the person.
The v1.2 completes this use case by providing a consent record notice receipt and specifies a notice for any type of legal processing, (consent/consensus) processing. Implementing a notice receipt framework that is human centric first and is extended by digital identity and trust frameworks.
The key challenges of a) enforceable privacy law (GDPR) and b) standards for notice and consent (ISO 29100 and 29184) have now been addressed.
With the addition of delegation and jurisdictional fields to the Consent record architecture, people are technically able to generate a receipt for a identity relationship and use it to request the technical information from a company to enable automatic use of privacy rights and information discovery.
The standardization of data control language and record format for making data transparency requests are a key starting point for implementing the personal data control transparency framework, and for organizations to be able to provide dynamic data controls to people.
- (Add link) OCG Announcement ISO & GDPR provide framework for implementing consent
- Organizations can add to their existing privacy framework –updates for broadcasting privacy information, and updates to privacy. information using standards – automatically.
- Alternative to Contract of adhesion -
- Contract of adhesion – solving t&c’s with a privacy agreement called the GDPR
- Equals permissions for processing and conditions of use
- Privacy is a policy inherent to context of adhesion – aka psuedo-consent
So – it is pseudo consent link
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With the publication of ISO 29184, the consent notice receipt is published in an international ISO and IEC standard for identity management (in the appendix). Published as an example of receipt for the consented transborder flow of personal information,
This update aims to address critical issues with the CR V1.1:
Primarily, to address well known issues and developments (WKID) to enable a consent receipt to be use for legal purposes independently of service providers by the PII Principle.
- evidence, compliance,
- the automated use of privacy rights, (for reciprocal security and transparency)
- The extension of the core legal, technical, social, contexts digital and physical use cases
- The further extension and utility
- e.g. to digital ledger consent technology
Appendix replaced
- Personal data categories – Jason Cronk
- Open Consent Group and DPV CG Update
- DPV Vocabulary v0.2 -
How Notice Standard Record is Global Interop Technology (in a nutshell)
The Consent Notice Receipt Framework, is a semantically standardized notice and notification framework for the processing of personal and sensitive data, with the maximum explicit consent record structure as the base (or first legal processing notice receipt schema specified),
Interoperability: Standardized Privacy Notice Semantics for Transborder identity and data governance
Governance Interoperability is a core focus of the work, primarily from the human to technology governance interoperability, Standardizing Notice law, technical formats and semantics in the notice provides the framework for all processing activities to be relayed to a person in a consistent language and format.
The Notice framework here is a semantic governance framework for digital twin of a physical notice using standards, or assessed against standards, independent of service provider and jurisdiction.
Legally,
A privacy notice is the only required elements for all personal data privacy processing across all privacy legislated jurisdictions. The harmonization's of the legal semantics, via international standards and the adoption of best practices. Notice is the most similar across all jurisdictions and it is also the only privacy element that is constant in all frameworks.
Notice for security, privacy, health and safety is universally required in governance, and where there is none. Like big data, there is little to no providence,
Human
People first must have some sort of notice that they are providing consent before consent is possible. People must first be aware of surveillance before it can be trusted, or trustworthy.
Technically
For active surveillance with digital identity management technology, whether it is Sovreign or not. It is untrustworthy, unless it is proportionate, democratic, and reciprocal, meaning that the Individual can see the active state of the legal entity and status of the service, with reciprocal transparency. Notice Record Structure
Legal Justifications
For a high assurance notice governed data flow, the specified purpose of use, is what governs the data flow and processing. A notice record is required for any processing and to start a relationship. The Notice type is further extended by the legal justification for processing and often identified as a services.
There is more than one type of identity relationship for a legal justification for processing, and opf there are multiple relationships for a processing activity – which would required multiple legal justifications.
IN 29184, the legal justifications for the use with identity management systems are generically defined as a Notice for:
- Consent; (consent as the framework notice and consent by design)
- Contract Notice Receipt
- Vital Interest of Individual (Vital Notice Receipt)
- Legal Obligation - Legal Notice Receipt
- Legitimate Interest - Essential-Use - Notice Receipt
- Public Interest - Public Notice Receipt
In these legal contexts, notifications inform the lifecycle of legal justification for processing and its relationship, in addition to which rights apply in context, and what the performance of those rights ares legally expected by people.
The CR V1.2 Updates the CR V1.1 Structure to a more modular structure
Notice Fields
- Notice Receipt (core field set), comprised of the fields for notice that are required for all legal justification for processing.
- The Notice Receipt by itself indicates the security first, the PII Controller, and representative.
- Notice Receipt Utilities
- Without a legal justification this notice mitigates the risk and can technically start the process of transferring liability for processing to the Individual (PII Principal) n legal entities and the provider of notice,
- Notice with a notification payload,
- In a specific context a legal Notice can be used to deliver a notification
- Meaningful consent requires a notice of risk
- A notice receipt for a notification of risk, in addition to a consent notice receipt provides 2 factors of notice,
- Utilizing the same two factor messaging pattern for semantic harmonization.
- Consent is not possible without a Notice of,
- Processing and operational understanding
- Directed & Altruistic Consent
- PII Principles provide the notice themselves
- Go
Vectors of Consent
Quality of Consent
- Weak transparency over legal entities and beneficiaries of data processing
Consent Notice Receipt (MVCR Finished = v1.2)
Extending a Notice Receipt with Consent as the legal justification, requires purpose specification, for a service,
The CR v1,1 as published contains the fields for the specification of a purpose for consent, The vocabulary and categories required to harmonize semantics for data control where know issues that have been focused on for the last 3 years.
The Personal Data Categories are used to specify the purpose, while the Data Privacy Vocabulary, provides a machine-readable legal ontology for specifying data types, and treatment. All of which are required to specify a purpose for dynamic data flows that people can a) see b) human understandable c) interact with in a meaningful way , d) while also semantically harmonized in containers that are machine readable.
CR v1,2 : Core
- Notice Receipt
- Location & Time
- Location – twin -
- Physical -
- Digital -
- PII Controller
- Jurisdictions,
- Link to physical notice
- Extend it (Legal Justification)
- Privacy Stakeholders
- Categories of controllers
- Consent Purpose Specification (v.1.1)
- Purpose Category
- Purpose Descriptions
- Purpose Sensitive Categories of Data
- Sensitive data category
- Personal Data Category
- Personal Data Types/attributes etc
- Personal Data Processing Treatment
- Storage
- Security (cert/sighed key)
- Extensions –Requirements (according to Context)
A Notice can itself be extended with a Notification for the maintenance of a consent record, and consent based relationship.
Notice Receipt Semantic Governance Framework
A notice section 1, can be extended with these receipt profiles
- Contract Notice Receipt
- Vital Notice Receipt
- Notice of (legal) Obligation Receipt
- Legitimate Interest Notice Receipt
- Public Interest Notice Receipt
Notification
notifications
Rights Consent Notice Receipt
Privacy and Surveillance based rights are applied to context according to the legal justification, which is confusing even for the experts.
- Withdraw Consent
Consent Notice Receipts (Lifecycle)
The spectrum of consent has multiple vectors
- Is the relationship vector:
- Starting at the first notice for consent, then lasting for the lifecycle of Consent and permission
- This first Notice for Consent receipt is the Anchor receipt and is maintained with linked notices
- Consent Notice Receipts
- Anchor receipt
Type of Consent Receipt | Description | Lifecycle Use |
|
Explicit Consent | Anchor Receipt (starts a receipt) |
|
|
Implied Consent | Action of the PII Principal |
|
|
expressed | Notification by the PII Principal |
|
|
Directed | (Health Care ) |
|
|
Altruistic | No Notice Required - |
|
|